DiscussesHigh Court order dismissing criminal miscellaneous petition challenging rejection of complaint and upholding revisional order in dispute over missing ornaments amidst strained in-law relations, finding no ground for interference as no independent witness testified to handover of items.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6072 / 2017
Krishnaballbh S/o Shri Hariballbh Sharma B/c Brahmin, R/o Vyaniyan Mohalla, Dahi Vali Gali, P.S. Kotwali, Tehsil & Distt. Bharatpur (raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Manoj K. Sharma For Respondent(s) : Mr. R.R. Singh Rathore, PP
HON'BLE MR. JUSTICE DEEPAK MAHESHWARI
Order
02/01/2018
Complainant-petitioner preferred this misc. petition to
assail the order dated 28.05.2016 passed by learned trial court rejecting his complaint and the order dated 03.10.2017 passed by learned Revisional Court upholding the order of learned trial court.
Heard learned counsel and perused the relevant documents.
In order dated 28.05.2016 learned trial court has rejected the complaint on the premise that when the relations
(2 of 2)
[CRLMP-6072/2017]
between the complainant and his in laws were strained, there was no occasion for the complainant or his mother to entrust the ornaments to the accused-respondents. It has been specifically observed by trial court that the complainant has mentioned in the complaint that he and his mother were frightened by the cruel behaviour and attitude of the accused-persons. In this situation it was unbelievable that they could have entrusted the ornaments to the accused persons. Further it has been observed that no independent person has been examined to substantiate the fact that the ornaments were handed over to the accused-respondents by the complainant or his mother.
Learned Revisional Court has also discussed elaborately the evidence adduced by complainant in support of the complaint. Revisional Court has also specifically observed that no independent witness or the neighbors has been examined to support the allegation made in the complaint. It has further been observed that in view of strained relations it was not believable that the ornaments could have been entrusted over to the wife and in laws of the complainant, who are respondents in this petition.
I have gone through the order passed by learned trial court and the revisional court. It does not come out on perusal thereof that any interference is required to be made in these orders to secure ends of justice to the petitioner. Hence, there is no substance in the misc. petition which calls for any interference.
The petition is dismissed accordingly.
(DEEPAK MAHESHWARI) J.
JKP/53
KRISHNABALLBH S/O SHR. HARIBALLBH SHARMA
THE STATE OF RAJASTHAN
SMT. VINITA W/O KRISHNABALLABH
CHANDRA BHAN UPADHYAY
MAYANK UPADHYAY
DEEPAK MAHESHWARI
As recorded by the court registry
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